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Friday, September 18, 2015

COULD THE SAFE CHILD ACT PREVENT DEATHS LIKE THAT OF AADEN MORENO?

Safe Child Act
by Barry Goldstein
"Purpose: Improve the Safety of Children involved in Child Custody Cases 


Provisions: 

1. The paramount concern of all child custody decisions must be to provide complete safety when determining the best interests of the children. 

2. Whenever domestic violence or child abuse is raised as an issue either during or before a child custody matter is litigated any professional who provides advice or recommendations to the court must have substantial training and experience about Domestic violence and child abuse to fully understand safety issues including behaviors that are associated with higher lethality or injury risks; domestic violence dynamics; effects of domestic violence on children; ability to recognize domestic violence and research about batterer narratives. Any professional without this necessary expertise must consult with someone who has this knowledge prior to giving any recommendation to the court. 

3 A post graduate degree in mental health such as psychology, psychiatry or social work absent specialized and approved training shall not be considered proof of domestic violence expertise. A court shall not refuse to qualify an individual as a domestic violence expert because the witness does not possess a post graduate degree if the witness can demonstrate expertise based upon training and experience. 

4. In any custody case where either domestic violence or child abuse is raised during the litigation process and even where a court may have already heard and determined there is not significant enough domestic violence to warrant a restraining order and in which there is no substantial basis to believe the parties or children have a significant mental health impairment likely to interfere with parenting ability, courts should not order a mental health evaluation. The court may appoint a domestic violence expert to help the court understand the significance of evidence related to domestic violence and must permit parties to present evidence from a qualified domestic violence expert..."

READ MORE:

http://www.barrygoldstein.net/important-articles/safe-child-act

Sunday, September 13, 2015

FAMILY JUSTICE CENTER MODEL CONSIDERED THE "BEST PRACTICE" FOR ADDRESSING DOMESTIC VIOLENCE!



The President’s Family Justice Center Initiative
Best Practices February 2007 

"In October, 2003, President George W. Bush announced the creation of the President’s Family Justice Center Initiative. The $20 million Initiative created specialized “one stop shop,” co-located, multi-disciplinary service centers for victims of family violence and their children. The centers, commonly referred to as “family justice centers,” are based on the San Diego Family Justice Center model (www.familyjusticecenter.org); they are designed to reduce the number of places victims of domestic violence, sexual assault and elder abuse must go to receive needed services.

After a reduction of nearly 95% in domestic violence homicides over the last 15 years, the San Diego Family Justice Center is hailed as a national and international model of a comprehensive victim service and support center. Since 2004, the President’s Family Justice Center Initiative has opened 15 family justice centers in urban, rural, suburban, and tribal communities across the United States. In February 2007, the United States Department of Justice announced the commitment of up to $3 million in funding to support the development of a comprehensive, co-located family justice center in the City of New Orleans based on the President’s Family Justice Center Initiative..."

READ MORE:

http://www.justice.gov/archive/ovw/docs/family_justice_center_overview_12_07.pdf


NOTE:  Currently, Connecticut has one Family Justice Center located in Bridgeport which is still under construction.  Since Family Justice Centers have been the best practice model since 2007, I think it would be fair to say that since we are now in 2015, it is probably time to establish a great many more of them.

MINUTES OF MEETING FOR AUGUST 12, 2015 TASK FORCE TO STUDY THE STATEWIDE RESPONSE TO MINORS EXPOSED TO DOMESTIC VIOLENCE!

Present at the meeting were:

Garry Lapidus, Karen Jarmoc, Rachel Pawloski, joel Rudikoff, Det. Karen O'Connor, Mary Painter, Laura DeLeo, Dr. Damion Grasso, Mary Painter, Sen. Marilyn Moore, Stephen Grant, Dr. Nina Livingston, Kayte Cwikla-Masas

Representing Sarah Eagan from the Office of the Child Advocate was Faith Voswinkle, and Representing Linda Harris from the Office of Early Childhood was Gina Beebe.

Presentations were made by Kimberly Citron and Dr. Nina Livingston.


Co-chairman Garry Lapidus began by explaining the charge and goals of the task force to members who were attending for the first time, and noted that today's meeting would focus on the Healthcare system.  He asked if there were any revisions to the minutes that were emailed to the group.  There were none.

As in the previous meeting, some members were asked to prepare remarks regarding their background, the systems they work in and items they have identified as being areas to improve within those systems.

Dr. Damion Grasso is a psychologist at the UCONN Medical Center who presented to the task force at the last meeting.  He talked about the challenge of trying to  bring universal screening to different systems, and the need to identify children in medical centers and hospitals to better serve them. 

Laura DeLeo is an Assistant Prosecutor in New Haven with an extensive history in working with domestic violence cases, and discussed her experience in this system.  She explained that in New Haven, there is a dedicated domestic docket 5 days per week, with one judge.  One day a week is dedicated to the most serious offenders and includes a team of victim advocates.  This docket, the H docket, utilizes two intensive programs to try to modify offender behavior.  Children exposed are probably grossly underreported due to concerns including the possibility of a DCF referral.  While she is not sure how many people choose to use it, families are given referrals to Yale Child Study in New Haven.

In extreme cases of domestic violence, police officers may not be able to seek out a child witness.  When they do, it can be helpful to the case.  When threats are directed at children, protective orders can be extended to them.  She stated the DCF has a domestic violence liaison dedicated to New Haven which helps monitor how and when protective orders are applied.  As a prosecutor, the focus in her system is largely on reducing the chance of re-offending through classes and training intended to change the behavior of the defendant.

Ms. DeLeo described some of the challenges within her system, including that mothers and children cannot be mandated to take advantage of available assistance.  Also, while protective orders are almost a matter of course, a victim cannot control type or duration of the order.  That means that in some cases involving children, just arranging parental visits is challenging due to a no-contact order.  Judges can, however, access information in both the civil and criminal courts.

She stated that continuity is the key, however, judges can be re-assigned and moved.  Some may not have domestic violence experience.  Currently, there is a judge dedicated to our docket.

In answer to questions from Karen Jarmoc, Ms. DeLeo stated that referrals to the Yale Child Study Center come from law enforcement and that most DCF referrals also get a referral to Yale.  Also, while she does not know if there are best practice models for interviewing children, she just became aware in talking with a victim advocate that such a model may be available.

She responded to questions from Joel Rudikoff, stating that offenders are not ordered to pay for therapy services for children, or the Yale Child Study Center, as this population is often indigent.  As such, services are provided at no cost.

Joel said that we will talk about risk of injury over the next several months.  For example, if a six year old is not actually touched, but witnesses domestic violence, does that in and of itself represent risk?   Potentially a stronger charge when there is a minor witness.  Is the DCF Liaison just for criminal or also to civil, family docket?

Ms. DeLeo said that a parent is statutorily entitled to information when a case is opened in DCF.  Often, DCF is looking for offender programming.  If the state and court are not on the same page and the offender is sent to two different batterer programs, it complicates things.  Communication between DCF and the court is very important.

Garry Lapidus asked if children [are ever] asked to testify in cases in which they were witnesses to domestic violence.  Laura DeLeo said that she has never been in a case in which children were asked to testify, but she is sure it can happen.  If the situation for a child to testify presented itself, it would only be done if it were in the best interests of the child.

Karen Jarmoc asked Stephen Grant to look into the data on the use of available counseling.

Representative Diana Urban said that she was thrilled to be a part of the task force that came from legislation out the Committee on Children, of which she is co-chair.  She said that she will serve as a direct contact between committees.  She said that beyond statutory change, collaborative work across systems must be a focus of the task force.  She is interested in the effects of toxic stress to children and invited people to a forum happening in the afternoon with regard to toxic stress and the Juvenile Justice System.

She also discussed animal cruelty leading to or being a precursor to family violence and gave an example of a parent killing the family pet to intimidate the family.  She believes such instances are an early warning.  She talked about coordination between reporting in the Department of Agriculture and the Department of Children and Families.

Senator Marilyn Moore said that this is her first term serving and her first task force.  In her role as health advocate for low-income women, and as the co-chair of Human Services and a member of Public Health, she sees the residual effects of domestic violence.  She also wants to serve as the layperson's voice in this conversation.

Gina beebe of the Office of Early Childhood works with the Family Support Services Division which does home visiting.  They have four areas of focus:  healthy families, school readiness, nurturing parenting and parent life outcomes.  The OEC has developed policy for when such incidents occur including protocol for home visitors for safety.  They work with fathers and male role models and family empowerment for mothers who are victims of domestic violence.

The Office uses the Kemp Family Stress Checklist as a tool to learn about past history with domestic violence.

Faith Voswinkle of the Office of Early Childhood believes that one of the charges of the task force will be to look at the impact of family violence through a public health lens.  This is an epidemic in our state and our country and that we have to work on collaboration across all systems.

She stated that some violence is so normalized that people do not realize they are in violent relationships and that must be addressed.  We have rich information about the adverse effects of children exposed to family violence.  They may have poor health outcomes, poor performance in school, less healthy relationships, and early death.

Laura DeLeo expressed the potential concern of victims being asked by healthcare professionals about domestic violence exposure of trust with the caregiver [sic].  Are they well-trained enough to handle that information well?  Will there just be a DCF referral?  Will you let a violent family member know what is said?

Dr. Grasso agreed that there are barriers when asking if someone is exposed to family violence, such as DCF referrals, another person being in the room, not looking at a more comprehensive history, and only focusing on that one event.

Kayte Cwikla-Masas from the Center for Family Justice in Bridgeport said that her organization provides direct services to adult and child victims of domestic violence through safe homes, counseling, advocacy, safety planning and support groups.  There are child advocates at each agency throughout the state.  They also provide age-appropriate presentations to schools about healthy relationships, bullying, safe dating, etc.

They are building the first Family Justice Center in the state, and when renovations to their facility are complete, they will not only continue their core services, but will be bringing in community partners including state's attorneys, police, clinicians, the Department of Children and Families, and civil legal attorneys.

Some of the Centers suggested priorities are to eliminate the gap between criminal and civil courts, enhanced training for judges, forensic interviews, and the future adoption of the Family Justice Center Model as a best practice.

A motion was made and seconded to adopt the minutes for the July 30th meeting.  The motion carried and the minutes were adopted.

Dr. Nina Livingston, Director of Hartford Regional Child Abuse Services gave her presentation, "Family Violence-A Pediatric Perspective."  This presentation can be viewed at the following link (link not active).

Karen Jarmoc then introduced Dr. Kimberly Citron, Behavioral Health Clinician from Connecticut Health Center, Inc. a Federally Qualified Health Clinic in Middletown.  She highlighted that the Middletown Domestic Violence Program through CCADV is housed within Connecticut Health Centers, Inc.  Also, that they have been doing IPV screening.

Dr. Citron then gave her presentation.  She explained that she works right alongside medical and dental providers, and that they also have school based health centers in the schools.  Through New Horizons they have a residential domestic violence shelter and multiple support groups.

She stated that they use a "warm hand off process" to allow for people to access behavioral health at any point during their medical or dental appointments.  They can bring the behavioral health provider right into the medical exam room for minimal invasiveness and maximum privacy.  A brief assessment is done and appropriate referrals can be made for behavioral health care.  Screening for domestic violence is done at all medical and behavioral health visits.  

She described the various manifestations of intimate partner violence in children from infants to adolescents.  These manifestations can include a decreased ability to form attachments, decreased ability to self-soothe, lack of ability to form trust and predict ones environment.  Children may exhibit separation anxiety, aggressive or distant behavior, sleep disturbances, poor school performance, hyper vigilance, extreme fear, identify with the abused parent, leaving them at risk of being abused or may identify with the abusive parent and may become aggressive toward the abused parent, siblings and others.  This is the point at which abuse may move to another generation.

Through trauma screens, these manifestations may be identified.  Various supports such as parenting support, play therapy, trauma support and family therapy can be offered.  Prevention of symptoms, targeting symptoms and trauma screens can take place at all health intakes, behavioral health intakes, well-child visits and at school based health centers.  A guardian ad litem may be requested.

Recommendations from CHC include 

  • Early identification
  • Increased services
  • Increased training for providers
  • Screening at al medical and behavioral health visits 
  • Further research
  • Integration of medical, behavioral, mental, court and school systems
  • Court advocacy
      • provide victim services in all cases of domestic violence
      • Guardians ad litem for all
      • Clinical liaison to court systems
      • Education for parents regardless of DCF involvement
  • Training, screening and expansion of processes like warm hand-off
  • Increased access in schools
  • MDT specific to cases of intimate partner violence
  • Expansion of Yale Child Study
Dr. Citron is currently looking at a study of the correlation between PTSD and diabetes.  We should look at what it is like to treat these conditions together.  She would like to see integration of medical and behavioral providers working together to treat these conditions.

Karen Jarmoc wanted to note that screening for intimate partner violence is now reimbursable.

The meeting was adjourned at 12:11pm

Meeting notes prepared by Ms Kristen Traini, Committee Clerk


Friday, September 11, 2015

NEXT MEETING OF TASK FORCE TO STUDY THE STATE-WIDE RESPONSE TO MINORS EXPOSED TO DOMESTIC VIOLENCE!

Task Force to Study the State-Wide Response to Minors Exposed to Domestic Violence

Tuesday, September 22, 2015, 10:00AM-12:00PM 

Location:  Room 2A of the LOB 

MEMBERS OF THE TASK FORCE TO STUDY THE STATEWIDE RESPONSE TO MINORS EXPOSED TO DOMESTIC VIOLENCE!

Task Force to Study the Statewide Response to Minors Exposed to Domestic Violence
Appointing Authority Designation page1image2880Name/Organization
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DCF Commissioner
Same or designee
Mary Painter
DMHAS Commissioner
Same or designee
Cheryl Jacques
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Early Childhood Commissioner
Same or designee
Linda Harris
OEC Program Director

DESPP Commissioner
Same or designee
Karen O’Connor State Trooper
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Child Advocate
Same or designee
Sarah Eagan Child Advocate
Chief Public Defender
Same or designee
Christine Rapillo
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Chief State’s Attorney
Same or designee
Laura DeLeo, Senior Assistant State’s Attorney
New Haven Judicial District

Chairperson of the Joint Standing Committee on Children
Same
Representative Diana Urban
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Chairperson of the Joint Standing Committee on Human Services
Same
Senator Marilyn Moore
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President Pro Tempore of the Senate
Representative of CCADV
Task Force Chair
Karen Jarmoc CEO, CCADV
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President Pro Tempore of the Senate
Attorney licensed to practice law in CT
Joel Rudikoff Connecticut General Assembly
Speaker of the House
Representative of CT Children’s Medical Center Task Force Chair
Garry Lapidus
Director, Injury Prevention Center

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Speaker of the House
Representative of a multidisciplinary team established pursuant to 17a- 106a
Cynthia E. Mahon
Senate Majority Leader
Representative of the CT Police Chiefs Association
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Chief Jon Fontneau Chief of Police, Stamford
Senate Majority Leader
Adult victim of domestic violence
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Jessica Veilleux
House Majority Leader
Representative of a designated child advocacy center
Kayte Cwikla-Masas Assistant Director of Programs
The Center for Family Justice

House Majority Leader
Medical doctor specializing in the care of children exposed to
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Dr. Nina Livingston Medical Director, SCAN

family violence
Program CCMC
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Senate Minority Leader
Currently appointed Guardian ad litem
Jennifer M. Celentano, Esq.
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Senate Minority Leader
Psychiatrist or psychologist specializing in the mental health of children exposed to family violence
Damion Grasso, PhD Department of Psychiatry University of Connecticut School of Medicine
House Minority Leader
Youth victim exposed to family violence
Rachel Pawloski
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House Minority Leader
Currently appointed attorney for the minor child
Donald Frechette
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Chief Court Administrator
Judge of the Superior Court assigned to hear family matters
Judge Elizabeth Bozzuto
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Chief Court Administrator
Representative of Judicial Branch Court Support Services Division
Stephen Grant Executive Director Court Support Services Division